Immigration and Customs Enforcement was informed and it is likely they will take him into custody, he said.
The Hennepin County Attorney's Office had received an extension to 4 p.m. on Friday to either file charges against the 42-year-old suspect from New Hope, or release him from jail.
Manito was released Friday evening, but his immigration status could complicate matters.
At a Friday press conference, Brooklyn Park Deputy Chief Mark Bruley said both Manito and the student were cooperating with investigators.
Authorities say the suspect has a Washington driver's license, and apparently moves around the country on a regular basis.
A Dixon High School student will face criminal charges after police say he brought a gun onto the campus. The two separated for a short time, then met up again in the same bathroom. Once inside police say the suspect went to a bathroom area and engaged in a sex act with the student. "By having a police officer in the school who knows the kids and has multiple sources of information, we were able to locate this student immediately". He tried to flee but was held by a security guard, a teacher and staff until police arrived. Brooklyn Park police continue to investigate the incident, but do not expect to provide any updates on the case until Thursday morning.
"Champlin Park made changes - most specifically visitors will be escorted to their intended location, making sure proper route is followed", said Jim Skelly, the spokesman for Anoka-Hennepin School District.